II 

118TH CONGRESS 

2D SESSION S. 5201 

To amend the Energy Policy Act of 2005 to limit Federal funding of the 

procurement of certain buses under the Clean School Bus program, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mrs. BLACKBURN (for herself, Mr. KELLY, Mr. CORNYN, and Ms. BALDWIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

A BILL 

To amend the Energy Policy Act of 2005 to limit Federal 

funding of the procurement of certain buses under the 

Clean School Bus program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure School Buses 

5 Act of 2024’’. 

6 SEC. 2. LIMITATION ON PROCUREMENT UNDER CLEAN 

7 SCHOOL BUS PROGRAM. 

8 Section 741 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16091) is amended— 


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1 (1) in subsection (b)— 

2 (A) by redesignating paragraph (8) as 

3 paragraph (9); and 

4 (B) by inserting after paragraph (7) the 

5 following: 

6 ‘‘(8) LIMITATION ON PROCUREMENT OF CER7 TAIN SCHOOL BUSES.— 

8 ‘‘(A) LIMITATION ON USE.—Except as pro9 vided in subparagraph (C), financial assistance 

10 made available under this subsection shall not 

11 be used in awarding a contract or subcontract 

12 to an entity on or after the date of enactment 

13 of the Secure School Buses Act of 2024 for the 

14 procurement of a school bus for use in accord15 ance with paragraph (5) if the manufacturer of 

16 the school bus is owned or controlled by, is a 

17 subsidiary of, is contractually tied to, or is oth18 erwise related legally or financially to a cor19 poration based in a country that— 

20 ‘‘(i) is identified as a nonmarket econ21 omy country (as defined in section 771(18) 

22 of the Tariff Act of 1930 (19 U.S.C. 

23 1677(18))) as of the date of enactment of 

24 the Secure School Buses Act of 2024; 


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1 ‘‘(ii) was identified by the United 

2 States Trade Representative in the most 

3 recent report required by section 182 of 

4 the Trade Act of 1974 (19 U.S.C. 2242) 

5 as a priority foreign country under sub6 section (a)(2) of that section; and 

7 ‘‘(iii) is subject to monitoring by the 

8 United States Trade Representative under 

9 section 306 of the Trade Act of 1974 (19 

10 U.S.C. 2416). 

11 ‘‘(B) INTERNATIONAL AGREEMENTS.— 

12 This paragraph shall be applied in a manner 

13 consistent with the obligations of the United 

14 States under international agreements. 

15 ‘‘(C) EXCEPTIONS.— 

16 ‘‘(i) PRIOR CONTRACTS.— 

17 ‘‘(I) IN GENERAL.—Subject to 

18 subclause (II), this paragraph shall 

19 not apply to any contract or sub20 contract made by an eligible recipient 

21 with a school bus manufacturer de22 scribed in subparagraph (A) if the 

23 manufacturer and the eligible recipi24 ent have a contract for school bus 

25 procurement that was executed before 


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1 the date of enactment of the Secure 

2 School Buses Act of 2024. 

3 ‘‘(II) EXCLUSION.—For purposes 

4 of subclause (I), the term ‘contract or 

5 subcontract’ does not include an op6 tion, an amendment, or an extension 

7 of the original contract that is exer8 cised or executed on or after the date 

9 of enactment of the Secure School 

10 Buses Act of 2024. 

11 ‘‘(ii) MINORITY RELATIONSHIPS AND

12 INVESTMENTS.— 

13 ‘‘(I) IN GENERAL.—For purposes 

14 of this paragraph but subject to sub15 clause (II), the term ‘otherwise re16 lated legally or financially’ does not 

17 include— 

18 ‘‘(aa) a minority relationship 

19 or investment; or 

20 ‘‘(bb) a relationship with or 

21 investment in a subsidiary, joint 

22 venture, or other entity based in 

23 a country described in subpara24 graph (A) that does not export 


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1 school buses for use in the 

2 United States. 

3 ‘‘(II) CORPORATIONS BASED IN

4 THE PEOPLE’S REPUBLIC OF

5 CHINA.—Notwithstanding subclause 

6 (I)(aa), for purposes of this para7 graph, the term ‘otherwise related le8 gally or financially’ includes a minor9 ity relationship or investment if the 

10 relationship or investment involves a 

11 corporation based in the People’s Re12 public of China.’’; and 

13 (2) in subsection (c)(3)(E), by striking ‘‘sub14 section (b)(7)’’ and inserting ‘‘subsection (b)(9)’’. 

Æ 


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